Amend CSHB 5 (senate committee printing) as follows:

(1)  In the recital to SECTION 26(a) of the bill, amending Section 39.023, Education Code (page 14, line 69), between "Subsections" and "(b)", insert "(a),".

(2)  In SECTION 26(a) of the bill, amending Section 39.023, Education Code (page 15, between lines 1 and 2), insert the following:

(a)  The agency shall adopt or develop appropriate criterion-referenced assessment instruments. Those assessment instruments may be used only for purposes for which the assessment instruments are designed and for which it has been empirically established the assessment instruments are valid and reliable, including to assess student understanding of essential knowledge and skills in reading, writing, mathematics, social studies, and science.  Except as provided by Subsection (a-2), all students, other than students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in:

(1)  mathematics, annually in grades three through seven without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra;

(2)  reading, annually in grades three through eight;

(3)  writing, including spelling and grammar, in grades four and seven;

(4)  social studies, in grade eight;

(5)  science, in grades five and eight; and

(6)  any other subject and grade required by federal law.